In R v B the Court of Appeal considered whether to grant permission on a Sexual Offence Case where the Crown had relied upon the applicants alleged Homosexuality . Both the CCRC and the Single Judge it appears saw no issue in the deployment of this material .

For us having been involved in a number of cases of a similar nature the use of homosexuality must always be a cause for concern whether it is alleged homosexuality or a genuine perfectly proper sexual orientation .

Juries should be confronted very strongly with the fact that the fact that someone has that orientation does not mean they are any more likely to have committed sexual offences .

The Court of Appeal were persuaded on 21st June that there is an arguable case to be heard over the issue of the directions to be given in such a case .